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Determining
Financial
Status of F-1 Students |
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The phrase "sufficient funds to cover expenses" referred to in
41.61(b)(2) REGS/STATS means the applicant must establish the unlikelihood of
either becoming a public charge as defined in INA 212(a)(4) or of resorting to
unauthorized U.S. employment for financial support. An applicant must provide
documentary evidence that sufficient funds are, or will be, available to defray
all expenses during the entire period of anticipated study. This does not mean
that the applicant must have cash immediately available to cover the entire
period of intended study, which may last several years. The consular officer
must, however, require credible documentary evidence that the applicant has
enough readily available funds to meet all expenses for the first year of study.
The officer also must be satisfied that, barring unforeseen circumstances,
adequate funds will be available for each subsequent year of study from the same
source or from one or more other specifically identified and reliable financial
sources.
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Determining
Financial
Status of M-1 Students |
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All applicants for M-1 visas must present evidence that they have immediately
available to them funds or assurances of support necessary to pay all tuition
and living costs for the entire period of intended stay. Additionally, consular
officers are authorized, at their discretion, to require evidence of payment of
round trip transportation in advance of the alien's travel to the United States.
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Funds
From Source(s) Outside the United States |
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Whenever an applicant indicates financial support from a source outside the
United States (for example, from parents living in the country of origin), the
consular officer must determine whether there are restrictions on the transfer
of funds from the country concerned. If so, the consular officer must require
acceptable evidence that these restrictions will not prevent the funds from
being made available during the period of the applicant's projected stay in the
United States.
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Affidavits
of Support or Other Assurances by an Interested Party |
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Various factors are important in evaluating assurances of financial support
by interested parties:
- Financial support to a student is not a mere formality to facilitate the
applicant's entry into the United States, nor does it pertain only when the
alien cannot otherwise provide adequate personal support. Rather, the
sponsor must ensure that the applicant will not become a public charge or be
compelled to take unauthorized employment while studying in the United
States. This obligation commences when the alien enters the United States
and continues until the alien's departure.
- The consular officer must require documentary evidence to resolve any
doubt that the financial status of the person giving the assurance is
sufficient to substantiate the assertion that financial support is available
to the applicant.
- If the person giving the assurance is in the United States in nonimmigrant
status, the consular officer must examine the evidence presented with
exceptional care. Is the sponsor's financial situation sufficient to provide
the funds without need to resort to unauthorized employment? Is it likely to
worsen during the period of the commitment, possibly compelling the
applicant or the sponsor to resort to unauthorized employment? Will the
nonimmigrant sponsor remain in the United States at least as long as the
student?
- The consular officer must also carefully evaluate the factors which would
motivate a sponsor to honor a commitment of financial support. If the
sponsor is a close relative of the applicant, there may be a greater
probability that the commitment will be honored than if the sponsor is not a
relative. Regardless of the relationship, the consular officer must be
satisfied that the reasons prompting the offer of financial support make it
likely the commitment will be fulfilled.
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Funds
From Fellowship and Scholarships for F-1 Students |
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A college or university may arrange for a nonimmigrant student to engage in
research projects, give lectures, or perform other academic functions as part of
a fellowship, scholarship or assistantship grant, provided the institution
certifies that the student will also pursue a full course of study.
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